Planners warned about contact with developer’s agent

1,700-home project is coming before the commission on Friday

If you go

What: Planning Commission

When: 9 a.m. Friday

Where: 5201 Ruffin Road, Suite B, San Diego

Statement from Supervisor Bill Horn

"I trust the entire Planning Commission to act ethically and believe County Counsel provides them with good advice. I am not aware of any allegations of impropriety and have not discussed the Accretive application with any of their representatives. ... Whether it’s the Planning Commission or Board of Supervisors, land use matters often get very heated and we have to focus on the facts rather than conspiracy theories, when we make our decisions."

Top lawyers for the County of San Diego have warned members of the Planning Commission against improper contact with a consultant for a developer whose application will be considered Friday, The Watchdog has learned.

The letter, which is rare or even unprecedented for members of the county planning panel, was e-mailed directly to all seven commissioners approximately two weeks ago.

It contained a specific reference to Chris Brown, a former land-use policy adviser to Supervisor Bill Horn, and his contacts with four of the appointees.

Certain contact would be illegal under county law, as Brown is a consultant whose clients include the Accretive Investment Group, which wants to build more than 1,700 homes in western Valley Center. The commission is scheduled to consider the proposal Friday.

Neither County Counsel John Sansone nor three commissioners contacted Tuesday agreed to release the letter, citing attorney-client privilege. But the appointees confirmed they received the warning.

“It said, ‘I know you guys have a great relationship among yourselves and be careful when you associate yourselves with people from the building industry,’” Commissioner Bryan Woods said.

Woods said he did not know what prompted the note. He added that he has not received anything similar in his 17 years on the commission. He said he has never improperly discussed a pending project, including the Accretive application.

“We don’t discuss any project outside any hearing,” said Woods, who was appointed by Supervisor Dianne Jacob. “There’s just the highest degree of integrity.”

Brown declined an interview but issued a statement by e-mail saying he was unaware of any warning about his lobbying activities.

“I have not been contacted by County Counsel regarding a letter that involves me, so I’d chalk it up to the rumor mill and conspiracy theorists,” he wrote. “It’s easy to take potshots at lobbyists, but we are subject to more scrutiny than everyone else, so I/we have to make sure our behavior is above reproach.”

Planning Commissioner Adam Day said he was surprised to receive the letter. He said there were “certain assumptions” in the note that were “completely inaccurate,” but he declined to discuss any specifics.

“I can tell you beyond the memo, the rules are very clear and the rules are you can’t have any discussions outside the hearing process,” said Day, a Horn appointee. “I’m confident that I and my colleagues adhere to those rules scrupulously.”

Commissioner Peder Norby said he too was surprised to get a warning letter from county lawyers.

“It didn’t pertain to me so I didn’t respond,” said Norby, who was appointed by Supervisor Pam Slater-Price.

Sansone did not respond to questions about what prompted the letter.

But Valley Center residents opposed to the Accretive housing project were not reticent to talk. Several longtime residents active in North County politics said Brown regularly golfs and socializes with both elected and appointed officials and raises money for political campaigns.

Former Planning Commissioner Patsy Fritz, who was appointed by Horn and then removed at his request, said she was approached privately by developers with business before the commission many times.

“I actually had to complain to the senior deputy county counsel to have him contact a land-use consultant to quit badgering me,” she said.

The Accretive Investment Group is seeking permission to build 1,746 homes on about 416 acres off West Lilac Road in Valley Center. Under existing zoning rules, the property owners could build 206 homes on the land. But the developer wants a special amendment allowing for more than four homes per acre.

According to a report prepared by the county planning staff, the proposed project has no agreement in place for water and sewer service, no completed traffic analysis and no formalized environmental review.

“The project would transform this rural agricultural area into an urbanized village characterized by small lots and commercial and civic use types,” the report states.